Gratification

A reward given voluntarily for some service or benefit rendered, without being requested so to do, either expressly or by implication. GRATIS (Lat). Without reward or consideration. When a bailee undertakes to perform some act or work gratis, he is answerable for his gross negligence if any loss should be sustained in consequence of it; but a distinction exists between non-feasance and misfeasance, — between a total omission to do an act which one gratuitously promises to do, and a culpable negligence in the execution of it: in the latter case he is responsible, while in the former he would not, in general, be bound to perform his contract; Thorne v. Deas, 4 Johns. (N. Y.) 84; 5 Term 143; 2 Ld. Raym. 913. GRATIS DICTUM (Lat). A saying not required; a statement voluntarily made without necessity. Mere naked assertions, though known to be false, are not the ground of action, as between vendor and vendee. Thus it is not actionable for a vendor of real estate to affirm falsely to the vendee that his estate is worth so much, that he gave so much for it, etc. But fraudulent misrepresentations of particulars in relation to the estate, inducing the buyer to forbear inquiries he would otherwise have made, are not gratis dicta; Medbury v. Watson, 6 Mete. (Mass.) 246, 39 Am. Dec. 726.